AFS-15-1058-E UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

GEORGE T. BAKER AVIATION TECHNICAL COLLEGE Exemption No. 12731 Regulatory Docket No . FAA-2000-7997 for an exemption from § 65.17 (a), § 65.19(b), § 65.75(a) (b) of Title 14 Code of Federal Regulations

PARTIAL GRANT OF EXEMPTION

By letter dated April 2, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of George T. Baker Aviation Technical College (Baker) for an extension of Exemption No. 7560, as amended. That exemption fr om §§ 65.17(a), 65.19(b), 65.75(a), and 65.75(b) of Title 14 Code of Federal Regulations (14 CFR) would allow Baker to conduct sections of the FAA oral and practical tests, as an integral part of an approved curriculum, and before the applicant passes each section of the written test. The grant also authorizes the Aviation Mechanic General (AMG) written test to be administered immediately after students complete the general curriculum, but prior to meeting the experience requirements of 14 CFR § 65.77.

The Petitioner requested relief from the following regulations:

1) Section 65.75(a) Knowledge requirements - requires, in pertinent part, that “each applicant for a mechanic certificate or rating must, after meeting the applicable experience requirements of § 65.77 , pass a written test covering the construction and maintenance of aircraft appropriate to the rating he seeks, the regulations in subpart, and the applicable provisions of parts 43 and 91 of this chapter.”

2) Section 65.75 (b) Knowledge Requirements - requires, in pertinent part, that “the applicant must pass each section of the test before applyi ng for the oral and practical tests prescribed by §65.79. A report of the written test is sent to the applicant.”

3) Section 65.17(a) Tests: General procedure - addresses “tests prescribed by or under this part are given at times and places, and by persons, designated by the Administrator.”AFS-15-1058-E 2

4). Section 65.19 Retesting after failure - requires “an applicant for a written, oral, or practical test for a certificate and rating, or for an additional rating under this part, may apply for retesting—

(a) After 30 days after the date the applicant failed the test; or

(b) Before the 30 days have expired if the applicant presents a signed statement from an airman holding the certificate and rating sought by the applicant, certifying that the airman has given the applicant additional instruction in each of the subjects failed and that the airman considers the applicant ready for retesting.”

The Petitioner supported its initial request (from 2001) with the following information:

The petitioner stated that the college offers an FAA-approved Airframe and Powerplant (A&P) aviation maintenance technology curriculum under Air Agency Certificate No. CT9T072R. The petitioner stated that the college is requesting authorizations: (1) for students completing the A&P aviation maintenance technology curriculum to concurrently meet FAA oral and practical testing requirements, as part of its instructional program, and (2) to allow the AMG written test to be administered before the students graduate from the entire curriculum, and (3) for Baker to be recognized as an organizational Designated Maintenance Examiner (DME). The petitioner noted that these proposals have been discussed with representatives of the Miami Flight Standard s District Office (FSDO). According to the petitioner, the FSDO indicated its willingness at that time to assist Baker in meeting and maintaining certificate testing requirements.

The petitioner stated that the college is seeking an exemption from §§ 65.17(a), 65.19(b), and 65.75(b) to permit the school to conduct oral and practical tests as an integral part of the aviation maintenance technician educational process. The petitioner contended that an exemption would allow students to demonstrate FAA-required mastery level competency as part of the completion requirements of each inst ructional area and claims that student learning would be enhanced and reinforced by the immediate feedback provided through incremental oral and practical testing. The petitioner stated that the direct involvement of the Miami FSDO in approving a system for administering a nd monitoring oral and practical tests would add uniformity and consistency to the testing process.

The petitioner noted that the concept of allowing 14 CFR Part 147 schools to conduct FAA "self-testing" has been recognized and proposed by the Aviation Rulemaking Advisory Committee Part 65 Working Group. Furthermore, the petitioner stated that because the oral and practical testing would be an integral part of Baker's curriculum, and would take place in progressive increments as a student advances th rough training, a student’s failure in an oral or practical test would be permitted to retest, based on the requirements contained in Baker’s FAA-approved Operations Handbook. The Opera tions Handbook would contain the retesting criteria and have procedures to document and track compliance.

The petitioner stated that its request to conduct oral and practical tests as an integral part of its curriculum is in the public interest. The petitioner indicated that an exemption would expedite the evaluation process and significantly reduce the cost to students for FAA oral andAFS-15-1058-E 3

practical tests as they would not be required to pay a DME to administer the oral and practical

exams.

The petitioner stated that by incorporating the oral and practical tests into the approved curriculum, the cost of administering the tests would be absorbed by Baker 's overall cost of operations. Furthermore, the petitioner claimed that an exemption would have a positive economic impact on the general public. The petitioner contended that an exemption would result in a cost savings to the FAA because the FAA would monitor and audit the testing procedures and recordkeeping of one entity, rather than several DMEs.

The petitioner indicated that an exempti on from 14 CFR §§ 65.17(a), 65.19(b), and 65.75(b) would maintain a level of safety equivalent to that provided by the existing rules. The petitioner stated that Baker's current FAA or al and practical testing requirements would remain in place, except for the manner in which the tests are administered.

The petitioner noted that Baker's curriculum is competency-based. Therefore, instead of administering one lengthy oral and practical mechanic test over an entire body of knowledge, it would administer the oral and practical test incrementally as an integral part of each of the 50 instructional areas. Furthermore, the petitioner stated that if a student fails an oral or practical test, the student would fail that particular instructional unit and be required to repeat the entire instructional unit as remediation. The petitioner asserted that because the scope and nature of the oral and practical tests will not be changed, an equivalent level of safety would be maintained. The petitioner added that the manner in which the oral and practical tests are managed would be subject to review and approval by the Miami FSDO.

The petitioner stated that it was seeking an exemption from 14 CFR § 65.75(a) to permit it to administer the AMG written test before its students completed the entire curriculum. The petitioner stated that it would be in the public interest to allow aviation maintenance

technician students to take the FAA written test covering a body of knowledge immediately following the successful completion of that body of knowledge. The petitioner contended at the time that this form of testing is currently allowed with the A&P curriculum, but it is not allowed following the completion of the general curriculum. The petitioner maintained that to test immediately following learning is a universally accepted instructional principle that reinforces learning and is academically sound. The petitioner added that the time penalty incurred by beginning the testing process 6 months before the completion of the entire curriculum, leaving only18 of the allowable 24 months to complete the licensing process, would be offset by the academic soundness of immediate testing.

The petitioner indicated that this request would not have a negative impact on safety. The petitioner further stated that the same procedure would be used to identify and report students who would qualify to take the AMG written test after completion of the general curriculum as that used to identify students who are eligible to take the FAA written, oral, and practical tests. The petitioner specified that all other requirements governing written testing, including time requirements for licensure completion, would remain unchanged; therefore, a level of safety equivalent to that previously pr ovided by 14 CFR § 65.75(a) would be maintained.

The FAA's analysis is as follows:AFS-15-1058-E 4

The FAA recognizes the original exemption was granted in 2001, and DME requirements, along with testing procedures, have since been revised. The original request also mentioned organizational DMEs, but the FAA does not fost er organizational DMEs, specific to an Aviation Maintenance Technician School (AMTS). Although the FAA approves an AMTS’s curriculum, it does not approve a school’s operating handbook, as earlier cited.

The FAA requires that all practical tests be conducted in accordance with the appropriate Aviation Mechanic Practical Test Standards (PTS), and the policies and standardized procedures set forth in the current revision of FAA Order 8900.2 - General Aviation Airman Designee Handbook.

A DME must utilize the PTS and must evaluate the applicant’s knowledge and skill in sufficient depth to determine that the objective for each subject area element selected is met. An applicant is not permitted to know before testing begins which selections in each subject area are to be included in his/her test. Therefore, an applicant should be well prepared in all oral and skill areas included in the practical test standard.

The FAA has also concluded that these exemptions, if granted, could inadvertently enable an individual to obtain his or her Aviation Maintenance Airframe (AMA) or Aviation Maintenance Powerplant (AMP) certificate w ithout satisfying the mechanic certificate eligibility requirements of 14 CFR § 65.77. 1 Students must, among other things, take written, oral, and practical tests to obtain a mechan ic certificate. Under 14 CFR § 65.80, an AMTS may, in some circumstances, administer a student’s oral and practical tests before the student satisfies the experience requirements of 14 CFR § 65.77. All students, however, must satisfy 14 CFR § 65.77 before taking any written tests.

Further granting any requests to allow students to take the AMA and AMP written tests, before completing the experience requirements in 14 CFR § 65.77, could inadvertently enable those students to circumvent the FAA’s eligibility requirements. More specifically, a student could obtain a copy of his or her academic record indicating that the student has passed the AMA or AMP examinations, and provide that reco rd to another school without disclosing that the student never satisfied the appropriate experience requirements.

The passing of the practical tests is a required step toward obtaining an aviation mechanic certificate with an A&P rating. FAA inspectors and DMEs shall conduct practical tests in compliance with published standards. Students who would be permitted to test somewhere other than the designed testing facility, as prescribed under 14 CFR § 65.17 and the Administrator, would be in violation to the intent of the rule and the FAA requirements for testing, as outlined in FAA inspector guidance and the PTS.

The FAA does not have the same concerns regarding students who take the AMG examination before satisfying 14 CFR § 65.77. A student who successfully completes the

1 Section 65.77 requires each applicant for a mechanic cer tificate or rating to presen t evidence of at least 18 months, and in some cases at least 30 months, of practical experience.AFS-15-1058-E 5

AMG exam is not eligible to receive a mechanic certificate until after the student also completes the AMA or AMP exams. Therefore, there is no risk that a student who completes the AMG exam prior to satisfying the experience requirements of 14 CFR § 65.77 will circumvent our regulations.

The FAA has also determined that good cause exists for not publishing a summary of the petition in the Federal Register because the relief granted herein would not set a precedent, and any delay in acting on this petition would be detrimental to Baker.

The FAA’s Decision:

The FAA is in the process of withdrawing or amending all previously granted exemptions to 14 CFR § 65.75(a), which enabled an AMTS to administer the AMG, AMA, and AMP written tests immediately following a student’s successful completion of the corresponding curricula. The FAA’s new and revised exemptions will only permit students to take the AMG examination immediately after completing the corresponding curriculum, but will not allow students to take the AMA or AMP examinations before completing the corresponding curricula. In consideration of the foregoing, I find in the present case that a partial grant of exemption is in the public interest.

In addition, certain conditions and limitations included in this partial grant are necessary to ensure an equivalent level of safety with 14 CFR § 65.75(a). The conditions and limitations require Baker to develop written testing procedures, include those procedures in its operating document or manual, and obtain approval of thos e procedures from its Certificate Holding District Office (CHDO) to ensure that Baker’s educational program and curricula continue to meet FAA regulatory standards.

The additional condition of this exemption requires that Baker must retrain the student on the specific instructional items associated with the failed test, and authorize the student to retake the test, prior to Baker retesting any student who has failed the AMG test and who also does not meet the experience requirements of 14 CFR § 65.77.

To be clear, any student who is eligible to take the AMG test on the basis of his or her own experience, and who does not need to rely on this exemption, may retrain according to 14 CFR § 65.19 - including with any appropriately certificated airmen. However, this exemption also creates a population of students who do not satisfy the 14 CFR § 65.77 experience requirements, and who are eligible to retake the AMG test only because of the exemption granted to Baker. To maintain an equivalent level of safety, this exemption requires Baker to retrain those students itself, using FAA-approved curricula and in accordance with the FAA’s AMTS standards, including the quality of instruction standards, codified in 14 CFR § 147.38(a).

Baker’s request for an exemption from 14 CFR § 65.75(a)(b) to enable Baker to administer the AMA and the AMP written tests to a student after that student has completed the corresponding portion(s) of the curriculum, but prior to meeting the experience requirementsAFS-15-1058-E 6

of 14 CFR § 65.77, and passing each section or the test prior to applying for the oral and practical tests, is denied. (See partial grant of exemption below.)

Baker’s request to administer the oral and practical tests to its students “at times and places” contrary to 14 CFR § 65.17(a), but identified in its approved Operations Handbook, is denied.

Baker’s request to have a signed statement from an appropriately rated certificate holder, prior to retesting, certifying that additional instruction has been given in the failed area, is

denied.

Although you requested an extension of Exemption 7560, as amended, that exemption expired on June 30, 2015. Therefore, we are issuing Baker a new exemption.

Partial Grant of Exemption

Pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, delegated to me by the Administrator, I hereby grant George T. Baker Aviation Technical College (Baker) an exemption from § 65.75(a) to the extent necessary to allow Baker, under Air Agency Certificate CT9T072R, to administer the AM G written test to any student immediately following his or her successful completion of the general curriculum, and before meeting the experience requirements of 14 CFR § 65.77, subject to the conditions and limitations listed

below.

Conditions and Limitations

1. Baker must develop written procedures for administering the AMG written test following successful completion of the general curriculum.

2. Baker must ensure these procedures are available for use in its approved operating or curriculum procedures document or manual.

3. Before retesting a student who has failed the AMG examination, and also does not meet the experience requirements of 14 CFR § 65.77, Baker must require the student to repeat each instructional item associated with the failed test and authorize the student to retake the test. Baker must have procedures for documenting and tracking compliance with all retesting procedures.AFS-15-1058-E 7

4. Before exercising the privileges of this exemption, Baker must provide revised procedures to its CHDO for review and approval.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Issued in Washington, DC, September 1, 2015.

Sincerely,

//s//

John Barbagallo Deputy Director, Flight Standards Service